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(영문) 수원지방법원 2015.02.12 2014노4321
폐기물관리법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal is that the original judgment (the fine of KRW 6 million, the fine of KRW 3 million for Defendant C, the fine of KRW 5 million for Defendant D, the fine of KRW 500,000 for Defendant E, and the fine of KRW 1.5 million for Defendant E) is too unfased and unreasonable.

2. The Defendants’ crime of this case is disadvantageous in light of the following circumstances: (a) it is necessary to strictly punish the Defendants for the purpose of contributing to preserving the environment and improving the quality of people’s lives by treating wastes in an environment-friendly manner; (b) it appears that the instant wastes are generated from aggregate and sand production and do not have a significant impact on the human body and the environment; (c) the Defendants are contrary to their erroneous approval; (d) there is no history of punishment for the same kind of crime; and (e) there is no history of punishment exceeding fines in the case of Defendants B, C, and D; and (e) there is no history of punishment exceeding fines in the case of the Defendants B, C, and D; and (g) the Defendants’ punishment conditions on the instant records and arguments, such as the circumstance in which the instant wastes were transported and reclaimed, the period of reclamation and the volume of reclamation, and the circumstances

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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